Austin Clem, 25, was found guilty in September of raping a young neighbor at least three times. He was initially sentenced to two years in a community corrections program that lets defendants live at home and continue working and suspended any prison time.

The Associated Press

The Associated Press

Published: Monday, March 3, 2014 at 4:00 p.m.

Last Modified: Monday, March 3, 2014 at 4:43 p.m.

ATHENS | An Alabama prosecutor is considering whether to appeal after a state court upheld the sentence of a man who will avoid prison after being convicted of rape.

Limestone County District Attorney Brian Jones told the Decatur Daily (http://bit.ly/MIFRvz ) he was considering asking the Alabama Supreme Court to consider the case of Austin Clem.

The Alabama Court of Criminal Appeals last week ruled that a judge was within his discretion to give Clem a sentence that did not include prison time despite the convictions.

The man was convicted last year of sexually assaulting a neighbor while she was a juvenile. While prosecutors sought prison, the judge disagreed.

The prosecutor called the appeals court's decision "disappointing." He said he will talk to the victim about pursuing further challenges.

Clem, 25, was convicted in September of one count of first-degree rape and two counts of second-degree rape. A woman, now 20, testified he assaulted her three times while she was a juvenile living near Clem.

Jones appealed after Circuit Judge James Woodroof imposed a sentence in November that did not include prison time. The judge sentenced the man a second time, again imposing punishment that did not include prison.

<p>ATHENS | An Alabama prosecutor is considering whether to appeal after a state court upheld the sentence of a man who will avoid prison after being convicted of rape.</p><p>Limestone County District Attorney Brian Jones told the Decatur Daily (http://bit.ly/MIFRvz ) he was considering asking the Alabama Supreme Court to consider the case of Austin Clem.</p><p>The Alabama Court of Criminal Appeals last week ruled that a judge was within his discretion to give Clem a sentence that did not include prison time despite the convictions.</p><p>The man was convicted last year of sexually assaulting a neighbor while she was a juvenile. While prosecutors sought prison, the judge disagreed.</p><p>The prosecutor called the appeals court's decision "disappointing." He said he will talk to the victim about pursuing further challenges.</p><p>Clem, 25, was convicted in September of one count of first-degree rape and two counts of second-degree rape. A woman, now 20, testified he assaulted her three times while she was a juvenile living near Clem.</p><p>Jones appealed after Circuit Judge James Woodroof imposed a sentence in November that did not include prison time. The judge sentenced the man a second time, again imposing punishment that did not include prison.</p><p>The appeals court ruled that Woodroof's second, 15-year suspended sentence was valid.</p><p>"Judge Woodroof acted within the scope of his jurisdiction," the decision said.</p><p>Clem was required to register as a sex offender, spend time on probation, pay court costs and give the victim $1,631 in restitution.</p>